Mbaabu v Cabinet Secretary incharge of Lands & 5 others [2025] KEELC 1381 (KLR)

Mbaabu v Cabinet Secretary incharge of Lands & 5 others (Environment and Land Judicial Review Case E010 of 2024) [2025] KEELC 1381 (KLR) (17 March 2025) (Ruling)

Neutral citation: [2025] KEELC 1381 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment and Land Judicial Review Case E010 of 2024

BM Eboso, J

March 17, 2025

Between

Henry Muriira Mbaabu

Applicant

and

The Cabinet Secretary Incharge Of Lands

1st Respondent

Deputy County Commissioner Buuri West Sub County

2nd Respondent

County Commissioner Meru County

3rd Respondent

Cief Land Registrar

4th Respondent

Director Land Adjudicaiton Imenti North/Imenti South

5th Respondent

Daniel Nkanata Naitira

6th Respondent

Ruling

1. This cause was initiated as a judicial review on 25/9/2024. The instruments initiating the judicial review cause were: (i) a notice of motion dated 23/9/2024 and (ii) a notice of appeal dated 23/9/2024. Subsequent to that, the ex-parte applicant filed a chamber summons seeking leave of the court to initiate judicial review proceedings.

2. Today, the ex-parte applicant has applied for an order expunging the notice of motion that initiated the cause and the admission of the subsequent chamber summons.

3. Clearly, both the notice of motion and the notice of appeal are incompetent. So is the chamber summons. Once the notice of motion is struck out for having been filed without leave of the court, that will be the end of this cause. If the applicant wants to obtain leave, he should bring a fresh cause.

4. The result is that the case/suit is struck out for being fatally incompetent. The applicant will be at liberty to initiate competent proceedings if he so desires. The ex-parte applicant shall bear costs of this cause.

5. It is so ordered.

DATED SIGNED AND DELIVERED AT MERU ON 17TH MARCH, 2025B.M EBOSO [MR]JUDGE